Sec. 5. Oversight responsibilities
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Section 705 of the Homeland Security Act of 2002 ( 6 U.S.C. 345 ) is amended by adding at the end the following: In this subsection, the terms U.S. Immigration and Customs Enforcement facility and U.S. Customs and Border Protection facility have the meaning given such terms in section 2 of the Restricting Solitary Confinement in Immigration Detention Act of 2024 . The Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility provides multiple internal ways for noncitizens and others to promptly report violations of section 3 of the Restricting Solitary Confinement in Immigration Detention Act of 2024 to the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties, including not less than 2 procedures for noncitizens and others to report violations of section 3 of such Act to— an entity or office that— is not part of the facility; and is able to receive and immediately forward reports to the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties, allowing the noncitizen to remain anonymous upon request; and the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties in a confidential manner, allowing the noncitizen to remain anonymous upon request.
The Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility provides noncitizens with— notice of how to report violations of section 4 of the Restricting Solitary Confinement in Immigration Detention Act of 2024 in accordance with paragraph (2), including— notice prominently posted in the living and common areas of each such facility; individual notice to noncitizens at initial intake into a U.S. Immigration and Customs Enforcement and U.S.
Customs and Border Protection facility, when transferred to a new facility, and when placed in solitary confinement and longer-term separation; notice to noncitizens with disabilities in accessible formats; and written or verbal notice in a language the noncitizen understands; and notice of permissible practices related to solitary confinement in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including the requirements under section 3 of such Act.
Not later than 24 hours after the placement of a detained individual in solitary confinement or longer-term separation, the Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility notifies the Office of the Immigration Detention Ombudsman and the Officer for Civil Rights and Civil Liberties of such placement. The Secretary shall ensure that the Officer for Civil Rights and Civil Liberties— has unrestricted access to U.S.
Immigration and Customs Enforcement or U.S. Customs and Border Protection facilities; and is able to review documents, request and review information, and speak privately with noncitizens, contractors, volunteers, U.S. Immigration and Customs Enforcement facility staff, and U.S. Customs and Border Protection facility staff. Not later than 90 days after the last day of each fiscal year, the Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman shall— analyze the use of solitary confinement and longer term separation in U.S.
Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during such fiscal year; submit a joint assessment containing the results of such analysis to the Committee on the Judiciary of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives ; and publish such assessment on a publicly accessible website.
Each assessment submitted pursuant to subparagraph (A)(ii) shall include aggregated and disaggregated data reported by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, to be provided by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to the Officer for Civil Rights and Civil Liberties not later than 30 days after the last day of each fiscal year, including— the policies and regulations of U.S. Immigration and Customs Enforcement and U.S.
Customs and Border Protection, including— any changes in policies and regulations, for determining which noncitizens are placed in solitary confinement or longer-term separation; and a detailed description of the conditions and restrictions of solitary confinement and longer-term separation; the number of noncitizens in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities who were housed in solitary confinement or longer-term separation for any period; the percentage of all noncitizens who spent any time in solitary confinement or longer-term separation during the reporting period; the demographics of all noncitizens housed in solitary confinement or longer-term separation, including race, ethnicity, religion, age, and gender; the policies and regulations of U.S.
Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including any updates in policies and regulations, for subsequent reviews or appeals of the placement of a detained noncitizen into or out of solitary confinement or longer-term separation; the number of reviews of and challenges to the placement of a detained noncitizen in solitary confinement or longer-term separation during the reporting period and the number of such reviews or appeals that directly resulted in a change of placement; a detailed description of the conditions and restrictions for solitary confinement and longer-term separation, including— the number of hours spent in isolation; and the percentage of time such conditions involved 2 noncitizens who were placed together in solitary confinement; the mean and median length of stay in solitary confinement or longer-term separation, based on all individuals released from solitary confinement or longer-term separation during the reporting period, and any maximum length of stay during the reporting period; the cost of each form of solitary confinement and longer-term separation described in subparagraph
(A)in use during the reporting period, including a comparison with the average daily cost of housing a detained noncitizen in the general population; the policies for mental health screening, mental health treatment, and subsequent mental health reviews for all detained noncitizens, including— any update to such policies; and any additional screening, treatment, and monitoring for detained noncitizens in solitary confinement or longer-term separation; a statement of the types of mental health staff that conducted mental health assessments for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during the reporting period; a description of the different positions in the mental health staff of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities; the number of part- and full-time psychologists and psychiatrists employed by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during the reporting period; data on mental health and medical indicators for all detained noncitizens in solitary confinement or longer-term separation including— the number of noncitizens requiring medication for mental health conditions; the number diagnosed with an intellectual disability; the number diagnosed with serious mental illness; the number of suicides; the number of deaths; the number of attempted suicides by unique noncitizens and the number of unique noncitizens placed on suicide watch; the number of instances of self-harm committed by unique noncitizens; the number of noncitizens with physical disabilities, including blind, deaf, and mobility-impaired noncitizens; and the number of instances of forced feeding of noncitizens; any instances in which the Director of an Enforcement and Removal Operations field office reported that a U.S. Immigration and Customs Enforcement facility in their jurisdiction failed to comply with, or was suspected of failing to comply with, any provision of the Restricting Solitary Confinement in Immigration Detention Act of 2024 or a Director of an Office of Field Operations reported that a U.S. Customs and Border Protection facility in their jurisdiction failed to comply with, or was suspected of failing to comply with, the Restricting Solitary Confinement in Immigration Detention Act of 2024 ; and any other relevant data. Each assessment submitted pursuant to subparagraph (A)(ii) shall include— an analysis of the data described in subparagraph (B); recommendations for reform offered to the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, and the Secretary pursuant to paragraph (6); and the response from U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Department to such recommendations for reform. Each assessment submitted pursuant to subparagraph (A)(ii) may be reviewed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Secretary before submission, but the Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman has final authority with respect to the text and the release of such assessment. The Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman shall meet regularly with the Secretary and the Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection— to identify problems with the solitary confinement and longer-term separation policies and practices in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including the overuse of solitary confinement and longer-term separation; and to present recommendations for such administrative action as may be appropriate to resolve problems relating to solitary confinement and longer-term separation policies and practices in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities. . Not later than December 31 of each year, the Inspector General of the Department of Homeland Security shall post a report on a publicly accessible website that analyzes— the use of solitary confinement and longer-term separation in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities; and the Department’s compliance with this Act and the amendments made by this Act.
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Sec. 5
Oversight responsibilities
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